CBC News Friday, October 8, 2010
The Supreme Court of Canada ruled Friday that a person questioned by police in connection with a criminal case does not have the right to have a lawyer present during the interview. In a trio of related decisions, the Supreme Court also said a suspect doesn't have the right to re-consult with a lawyer midway through an interview, unless the situation in the interview has changed significantly. The court also said a suspect does not have the absolute right to consult with a specific lawyer if that attorney can't be reached within a reasonable time. In the case of R. vs. Sinclair, the justices split 5-4. In that case, Trent Terrence Sinclair was arrested by the RCMP from Vernon, B.C., in December 2002 and charged with second-degree murder in connection with the killing of Gary Grice the previous month. Sinclair was ultimately found guilty of manslaughter by a jury. At the time of his arrest, Sinclair was advised of his right to counsel, and spoke twice by phone with his lawyer. During an hours-long interview with police, Sinclair said several times that he had nothing to say and wanted to talk to his lawyer again.The police officer who conducted the interview said Sinclair had the right to keep quiet, but refused to allow him to contact his lawyer and told him he did not have the right to have a lawyer present.Sinclair eventually implicated himself during the interview. He was then placed in a holding cell with an undercover officer, where he made further incriminating statements.Sinclair later accompanied the police to the site where Grice had been killed and participated in a re-enactment. (more)
The Supreme Court of Canada ruled Friday that a person questioned by police in connection with a criminal case does not have the right to have a lawyer present during the interview. In a trio of related decisions, the Supreme Court also said a suspect doesn't have the right to re-consult with a lawyer midway through an interview, unless the situation in the interview has changed significantly. The court also said a suspect does not have the absolute right to consult with a specific lawyer if that attorney can't be reached within a reasonable time. In the case of R. vs. Sinclair, the justices split 5-4. In that case, Trent Terrence Sinclair was arrested by the RCMP from Vernon, B.C., in December 2002 and charged with second-degree murder in connection with the killing of Gary Grice the previous month. Sinclair was ultimately found guilty of manslaughter by a jury. At the time of his arrest, Sinclair was advised of his right to counsel, and spoke twice by phone with his lawyer. During an hours-long interview with police, Sinclair said several times that he had nothing to say and wanted to talk to his lawyer again.The police officer who conducted the interview said Sinclair had the right to keep quiet, but refused to allow him to contact his lawyer and told him he did not have the right to have a lawyer present.Sinclair eventually implicated himself during the interview. He was then placed in a holding cell with an undercover officer, where he made further incriminating statements.Sinclair later accompanied the police to the site where Grice had been killed and participated in a re-enactment. (more)
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